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Tobey v. Uttecht

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE
Nov 25, 2013
CASE NO. C12-440 RAJ (W.D. Wash. Nov. 25, 2013)

Opinion

CASE NO. C12-440 RAJ

11-25-2013

KARL MURRAY TOBEY, Petitioner, v. JEFFREY UTTECHT, Respondent.


HONORABLE RICHARD A. JONES


ORDER

This matter comes before the court on pro se petitioner's motion to amend the judgment pursuant to Rule 59(e). Dkt. # 43.

A rule 59(e) motion "'should not be granted, absent highly unusual circumstances, unless the district court is presented with newly discovered evidence, committed clear error, or if there is an intervening change in the controlling law.'" McDowell v. Calderon, 197 F.3d 1253, 1255 (9th Cir. 1999) (quoting 389 Orange St. Partners v. Arnold, 179 F.3d 656, 665 (9th Cir. 1999)) (emphasis in original).

The court clarifies that it did review petitioner's objection, for which the court had granted him an extension of time and leave to file excess pages. Dkt. ## 36, 8/13/2013 docket entry. Nevertheless, the court agreed with the analysis in the Report and Recommendation ("R&R") and therefore adopted it in whole. Dkt. ## 32, 39.

The court has reviewed petitioner's motion, and finds that he fails to meet the Rule 59(e) standard of newly discovered evidence, clear error, or intervening legal authority. Petitioner's motion largely rehashes prior arguments this court rejected.

For all the foregoing reasons, the court DENIES plaintiff's motion. Dkt. # 43.

______________________

The Honorable Richard A. Jones

United States District Judge


Summaries of

Tobey v. Uttecht

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE
Nov 25, 2013
CASE NO. C12-440 RAJ (W.D. Wash. Nov. 25, 2013)
Case details for

Tobey v. Uttecht

Case Details

Full title:KARL MURRAY TOBEY, Petitioner, v. JEFFREY UTTECHT, Respondent.

Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE

Date published: Nov 25, 2013

Citations

CASE NO. C12-440 RAJ (W.D. Wash. Nov. 25, 2013)